BILL ANALYSIS
SB 1062
Page 1
SENATE THIRD READING
SB 1062 (Bowen)
As Amended March 2, 2006
Majority vote
SENATE VOTE :38-0
HEALTH 11-0 APPROPRIATIONS 16-0
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|Ayes:|Chan, Aghazarian, Berg, |Ayes:|Chu, Sharon Runner, Bass, |
| |Dymally Frommer, De La | |Berg, Calderon, Emmerson, |
| |Torre, Jones, Montanez | |Mullin, Haynes, Karnette, |
| |Negrete McLeod, Richman, | |Klehs, Leno, Nakanishi, |
| |Ridley-Thomas | |Nation, Saldana, Walters, |
| | | |Yee |
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SUMMARY : Adds sexual assault to California's Confidential
Address Program for Victims of Domestic Violence and Stalking
(CalCAP) and makes technical changes to the statute that
governs the domestic violence programs within the Maternal
Child Health (MCH) Branch of the Department of Health Services
(DHS) and the Comprehensive Statewide Domestic Violence Program
(CSDVP) within the Office of Emergency Services (OES).
Specifically, this bill :
1)Extends CalCAP eligibility to include victims of sexual
assault, in addition to victims of domestic violence and
stalking.
2)Defines "sexual assault" as an act or attempt made punishable
by specified sections of the Penal Code.
3)Requires MCH and CSDVP, to the extent feasible, in the event
an agency receives funding from both MCH and CSDVP during any
grant cycle, to coordinate agency site visits and share
performance assessment data with the goal of improving
efficiency, eliminating duplication, and reducing
administrative costs.
4)Duplicates the language requiring coordination in #3) above
in the Penal Code.
EXISTING LAW :
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1)Creates, until January 1, 2008, CalCAP to protect victims of
domestic violence and stalking from being compelled to
disclose confidential address information which could put
them at risk of future violence. Participants in CalCAP
designate the Office of the Secretary of State (SOS) as the
agent for service of process and mail receipt so that a
victim may flee from an abuser and not be required to divulge
his or her new address on, for example, legal documents or
voter registration records.
2)Establishes CSDVP to provide financial and technical
assistance to domestic violence shelter service providers.
3)Requires MCH to administer a comprehensive shelter-based
grant program to battered women's shelters.
4)Requires DHS and the Office of Criminal Justice Planning
(OCJP) to coordinate agency site visits and share performance
assessment data with the goal of improving efficiency,
eliminating duplication, and reducing administrative costs to
the extent feasible in the event an agency receives funding
from both departments.
FISCAL EFFECT : Unknown
COMMENTS : This bill seeks to improve California's CalCAP
program, by extending it to victims of sexual assault and makes
technical changes to the statute that governs the domestic
violence programs within MCH and CSDVP.
Pursuant to SB 489 (Alpert), Chapter 1005, Statutes of 1998,
the confidential address program was created to protect victims
of domestic violence from the disclosure of address
information. Victims of stalking were added in 2000 pursuant
to AB 1318 (Alpert), Chapter 562, Statutes of 2000. CalCAP
allows victims of domestic violence and stalking who satisfy
certain criteria to become program participants, to designate
the SOS as their agent for service of process, and to use the
SOS's address on, for example, legal documents, so that they
may keep their current address confidential. The SOS then
forwards mail to the victim's actual address. The SOS is
prohibited from disclosing any address for the participant,
other than the designated program address, unless requested by
a law enforcement agency, directed to do so by a court order,
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or if certification for participation in CalCAP has been
canceled.
In its brochure advertising CalCAP (which the SOS has
additionally named "SAFE AT HOME"), the SOS's office notes,
"SAFE AT HOME offers victims willing to flee their abusive,
threatening environment, an additional layer of security by
providing a substitute mailing address to use whenever their
home, work or school address is requested. . . SAFE AT HOME can
be the right solution to help battered victims maintain address
confidentiality and safeguard against further abuse."
According to the author, more than 80% of victim shelters
receive funding from both OES and DHS. Most shelters operate
on low budgets and rely heavily on volunteer assistance to keep
their doors open. Because both OES and DHS are required to
conduct site visits to assess basic operating procedures, the
author states that there is great reason for the two agencies
to consolidate visits and share assessment data, saving the
state and shelters time, energy, and valuable resources.
SB 185 (Bowen), Chapter 439, Statutes of 2001, requires MCH to
conduct a minimum of one site visit per grant term to each
agency funded to provide shelter-based services to battered
women and their children. SB 185 also requires coordinated
agency site visits and the sharing of performance assessment
data in the case that an agency receives funding from both MCH
and the Domestic Violence Branch of the OCJP during any grant
cycle. After the abolishment of OCJP in 2003, SB 914 (Bowen),
Chapter 840, Statutes of 2004, transferred the existing
Domestic Violence Advisory Council (Council) to OES and
requires OES to collaboratively administer domestic violence
programs with the Council and designated OES as the
administrator of specified existing related domestic violence
programs, the Council, and sexual assault-related programs for
children.
The California Alliance Against Domestic Violence states that
by requiring OES and DHS to work together, this bill will
significantly reduce the amount of duplication and wasted time
and energy by those agencies and shelters. The Junior League
of California writes that many of their projects relate to
violence prevention, with several specifically working with
domestic violence shelters, and a coordination of efforts by
those providing assistance to these shelters would also serve
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to preserve the resources of the shelters themselves.
Analysis Prepared by : Leora Gershenzon / JUD. / (916)
319-2334
FN: 0013813